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12/06/10 Solicitor of Labor Pushes Aggressive Operating Plan for 2011 and Beyond

LawFlash/Client Alert | Labor and Employment LawFlash
Howard Radzely, Jonathan Snare

The Office of the Solicitor of Labor (SOL) has recently developed an Operating Plan for enforcement in 2011 and beyond. Because SOL is the legal enforcement arm of the Department of Labor (DOL or the Department... more

11/30/10 White House Announces Joint DOL-ABA Private Attorney Referral Program for FLSA and FMLA Claims; Employers Should Be Mindful of Potential Consequences

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On November 19, Vice President Joseph Biden announced a joint initiative between the Department of Labor (DOL or the Department) and the American Bar Association (ABA) to assist plaintiffs in obtaining legal counsel for... more

07/23/10 The White House Urges the Senate to Pass Legislation to End the Gender Pay Gap

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On July 20, the White House made a strong push for the Senate to pass the Paycheck Fairness Act (theAct), which the House approved in January 2009 in a 256-163 vote. In written remarks, President Obama thanked ... more

06/24/10 DOL Interpretation Expands the Scope of "Parents" Eligible to Take FMLA Leave

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On June 22, the U.S. Department of Labor (DOL) significantly increased the number of employees who will be eligible to take Family and Medical Leave Act (FMLA) leave to care for a child, by broadening the definition of ... more

06/22/10 NLRB Issues Guidance Regarding Class Action Waivers in Individual Arbitration Agreements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Employers are increasingly entering into mandatory arbitration agreements with individual employees, requiring that employment disputes be resolved by an arbitrator rather than in court. These agreements often ... more

06/18/10 U.S. Supreme Court Rules 5-4: Two-Member National Labor Relations Board Lacked Authority to Act

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In New Process Steel, L.P. v. Nat'l Labor Relations Bd. , No. 08-1457, decided June 17, 2010, the U.S. Supreme Court held that Section 3(b) of the Taft-Hartley Act requires that the National Labor Relations Boar... more

05/21/10 Sweeping Changes Made to Labor and Employment Whistleblower Protections

LawFlash/Client Alert | Financial Regulatory Reform LawFlash
Thomas Linthorst, Sarah Bouchard

Financial reform legislation, if signed, will—among other changes—allow employee whistleblowers to bypass Sarbanes-Oxley administrative proceedings and its 90-day statute of limitations for bringing retaliation claims.

05/18/10 IRS 401(k) Compliance Questionnaires Issued

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On May 17, the Internal Revenue Service (IRS) initiated a 401(k) compliance review by sending questionnaires to 1,200 plan sponsors. [1] This is the first time that the IRS h... more

05/11/10 DOL Debuts Regulatory and Enforcement Agenda; New Burdens on Employers

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Labor and Employment Practice

On April 26, the Department of Labor (DOL) released its spring 2010 regulatory agenda outlining its anticipated regulatory and enforcement focus for the upcoming year. In connection with the release of the spri... more

05/07/10 New Connecticut Law Increases Penalties for Employer Misclassification of Independent Contractors

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

A recently enacted Connecticut state law, H.B. 5204, increases the civil penalty imposed upon employers that are found to have engaged in the improper classification of independent contractors. Connecticut law ... more

04/23/10 Supreme Court Endorses Governing Standard for Mutual Fund Fees Cases Under Investment Company Act: An ERISA Perspective

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On March 30, in Jones v. Harris Associates L.P. , No. 08-586, __ U.S. __, 2010 WL 1189560 (Mar. 30, 2010) [1] , the U.S. Supreme Court unanimously affirmed the... more

04/09/10 Details About OSHA’s Severe Violator Enforcement Program Emerge

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Last year, as part of a department-wide initiative to sharpen the U.S. Department of Labor's (DOL's) focus on "indifferent" repeat-offense employers, Secretary of Labor Hilda Solis announced that the Occupational Safety... more

04/09/10 U.S. Department of Labor and State Agencies Step Up Enforcement of Unpaid Internships

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Amidst high unemployment and continued cutbacks at many companies, unpaid internships have become increasingly common in the private sector. According to recent published reports, the U.S. Department of Labor (... more

03/30/10 Wage and Hour “Administrator Interpretations” to Replace Opinion Letters; Further Cutbacks in White Collar Overtime Exemptions Expected

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On March 24, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued its first-ever "Administrator Interpretation." According to the WHD, these broad general pronouncements are designed to... more

03/26/10 Philadelphia Court of Common Pleas Holds “8 and 80” Overtime Formula Violates State Minimum Wage Law

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Hospitals, nursing homes, and similar employers throughout the country routinely pay their employees pursuant to an "8 and 80" overtime rule, under which employees are paid overtime for all hours worked in excess of eig... more

03/25/10 Employer Group Health Plans Face Immediate Issues as Healthcare Reform Becomes Law

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Employee Benefits Practice

The Patient Protection and Affordable Care Act (the Healthcare Reform Law) that President Obama signed into law on March 23 contains a number of items that will affect employer group health plans in the coming months-al... more

03/22/10 Federal Court Rejects Certification of Gender Discrimination Class Action Premised on Novel Theory

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On March 12, in Randall et al. v. Rolls-Royce Corporation , No. 06-cv-860-SEB-JMS, the Honorable Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana denied certification of a putat... more

03/10/10 Courts, IRS Weigh in on Mandatory Conversion of Terminated Participants’ ESOP Accounts

LawFlash/Client Alert | Employee Benefits LawFlash
ESOP and Employee Benefits Practice

Plan sponsors of employee stock ownership plans (ESOPs) that have been submitted for a favorable determination letter know that the IRS is carefully reviewing plan provisions that provide for the mandatory conversion of... more

03/09/10 April 30 EGTRRA Restatement Deadline Approaching for Defined Contribution Plan Documents

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

Plan sponsors are reminded that April 30, 2010 is the deadline for adopting preapproved master and prototype (M&P) and volume submitter (VS) defined contribution plan documents that have been updated to comply with ... more

03/09/10 Section 162(m) Pitfalls

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

It's proxy season. For public companies that rely on the performance-based compensation exception to the $1 million annual deduction limit under section 162(m) of the Internal Revenue Code (Code), that means it... more


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